94 Cal. 227 | Cal. | 1892
This is an action to quiet title. Plaintiff appeals from the judgment and order denying her motion
The only question involved in this appeal is, Did the deed of McKenna to plaintiff vest his after-acquired title in her? In other words, did the certificate of purchase to McKenna inure to the benefit of plaintiff by reason of her deed? In Cadierque v. Duran, 49 Cal. 356, it was expressly decided that a party who has simply filed his application to purchase has no interest in the realty subject to transfer, and to the same effect is People v. Blake, 84 Cal. 614. In Morrison v. Wilson, 30 Cal. 344, it was held that words used in a deed conveying the property in fee-simple absolute will be construed to convey only the present interest of the grantor, and not to pass an after-acquired title, if a clause is inserted declaring that as to title it is only a quitclaim deed; and to the same effect is Montgomery v. Sturdivant, 41 Cal. 290.
While these cases sustain the principle that the legal effect of words of conveyance may be limited and restricted by subsequent recitals in a deed, we have been referred to no case holding that a covenant by a grantor in a deed of quitclaim and release that any after-acquired title shall vest in the grantee has the effect of itself to vest such title in the grantee upon its acquisition by the
Let the judgment and order be affirmed.
Paterson, J., and Harrison, J., concurred.